the obama administration releasing five taliban militants from begun bay in exchange for his freedom. that move made without giving congress the 30 days notice required by law. secretary of defense chuck hagle defending the swap at a congressional hearing. >> we believe this he can change was our last best opportunity to free him. >> reporter: there's also the issue of bergdahl's status at the time of his capture. he is accused of going awol and deserting the military. but the army says it will investigate further after the reintegration grace process is complete. >> i think it's premature to know or even guess whether he's going to go to court marshall because there are a lot of administrative steps the army could take short of a court marshall against him if they decide anything. >> reporter: his status is important to help determine whether he is eligible for the roughly $300,000 in back pay he has earned since his disappearance. at brook army medical center in san antonio, casey stegall, fox 29 news. >> when it comes to food cravings having no will power may not be in your control